On 21 March 2014 the Spanish Agency for the Protection of Health in Sport (Agencia Española de Protección de la Salud en el Deporte, AEPSAD) decided to impose a 2 month period of ineligibility on the respondent after his sample tested positive for the prohibited substances terbutaline.
In 2007 the International Swimming Federation (FINA) approved a TUE for 2 years for the responden's asthma medication and in 2009 the Real Federación Española de Natación (RFEN) applied with FINA for a new TUE for 2 years without indication of approval.
Hereafter in May 2014 the respondent appealed the AEPSAD decision with the Tribunal Administrativo del Deporte (TAD), the Spanish Disciplinary Committee for Sports.
The respondent argued that he had no prior infringments with doping; his asthma medication does not enhance sport performance or mask the use of other prohibited substances; FINA had a TUE application granted before; and he had declared his medication on the Doping Control Form.
The Tribunal concludes that the imposed 2 months sanction was proportional due to the respondent acted negligence when he failed to apply for a TUE. Because of his health problems and prior applications with FINA he could know that a valid TUE for his medication was necessary.
Therefore on 8 July 2014 the Tribunal decides to dismiss the respondent’s appeal and confirms the AEPSAD decision of 21 March 2014.
